ILR for dependant spouse - time outside UK

[musique79]

Hello all

I had some queries regarding ILR application for dependants.

Firstly, are there are any restrictions as to number of days spent outside the UK for dependants if they are not economically active in the UK.

Secondly, even for main applicants is the limit 180 or 450? I will be applying as Work Permit + Tier1 combination.

We will apply in May'11 (yes thinking ahead but better safe than sorry!!) At the time we apply, during the last 5 years (qualifying period) my wife would have spent about 350 days outside the UK, minimum being 40 and maximum being 110 during any one year (when i say year I dont mean calendar year, but each year running from the day and month we intend to send the application).

Is this going to be an issue? Time spent outside was basically as "vacation" as she visited our home country each year. Apart from that we would have been normally resident in the UK for last 5 years.

And though its even farther away, we intend to apply for naturalisation after 1 year of ILR (so hopefully in May'12 - assuming rules dont change!!). Will this be Ok for that purpose as well, we'll make sure my wife is not outside the UK during May11-May12 for more than 90 days.

I am quite confused about this as I didnt find any clear answer either on UKBA website or on the internet.

Would really appreciate if someone could advise regarding this.

Regards
GP

[geriatrix]

For ILR,
1. Dependent's absences from the UK are not taken into account.
2. See Chapter 6A - Settlement -> Section 1 - Points-based system, tier 1 settlement guidance

For naturalisaton,
1. See Standard requirements for naturalisation.
2. Dependent applies for naturalisation in his/her own right (and not as a dependent) as and when he/she fulfils the requirements.

On what date did your wife enter UK for the first time as you dependent? Had she been to the UK before that (on any visa)?


regards

[musique79]

Thanks a lot for the quick reply.

Good to know that dependant's absences from the UK are not taken into account. I assume I have to fill only one Form SET(O) for myself, my wife and my child (born in the UK) and not seperate for each?

As a related question, is there any validity period for Life in the UK test or we can take it now even though we will apply for settlement only in May next year.

as per the link you sent ...

there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;

so it seems like 180 days for me

For naturalisaton,
1. See Standard requirements for naturalisation.
2. Dependent applies for naturalisation in his/her own right (and not as a dependent) as and when he/she fulfils the requirements.

On what date did your wife enter UK for the first time as you dependent? Had she been to the UK before that (on any visa)?

regards

We both came to the UK for the first time on 04-May-06. Never been to the UK before. But I guess so long as at time she applies for naturalisation if she satisfies the 450 days in 5y / 90 days during last year criteria it should be fine?

[geriatrix]

As a related question, is there any validity period for Life in the UK test or we can take it now even though we will apply for settlement only in May next year.

Take it whenever you are ready for it.

We both came to the UK for the first time on 04-May-06. Never been to the UK before. But I guess so long as at time she applies for naturalisation if she satisfies the 450 days in 5y / 90 days during last year criteria it should be fine?

1. Apply for ILR (self+wife) no earlier than 28 days before 04-May-2011. Use form SET(O).
2. No need to include UK-born-child in the ILR application.
3. When you are granted settlement, register your child as British citizen under section 1(3) using MN1 form. When child is registered as British citizen, apply for a British passport for the child.
4. After 12 months of being granted ILR, you and your wife may apply for naturalisation as and when the standard requirements (linked above) are fulfilled. Since both of you entered UK on the same day, you may apply for naturalisation together if you both meet the requirements.

regards